Licensing reproductions
6 Commissions
- Has the work to be reproduced been commissioned? For commissioned industrial design work, the commissioner (not the artist) will own the registered and unregistered design rights unless they are transferred to the artist in writing. However the artist will own the copyright.
- What is the delivery date/s for preliminary artwork/roughs?
- What is the timescale for approval of the preliminary artwork/roughs?
- Will approval of the preliminary artwork/roughs be given in writing?
- How many roughs will be allowed for in the agreement before additional payment to the artist is required?
- Who is responsible for the cost of the safe return of original artwork and roughs? Note: It is usually the licensee's responsibility to return all artwork including roughs promptly and in good condition. Artists should acknowledge acceptance of the return by signing for the delivery.
- How will the artist be reimbursed for any work that is lost or damaged?
- Will the artist be paid a reject fee if the client rejects the commissioned work? If the commissioned work is rejected by the client because it is unsuitable or unsatisfactory, 25% of the agreed fee is usually payable if rejection takes place at the roughs stage and 50% if rejection takes place on delivery. On rejection the ownership of all rights should revert to the artist.
- Will the artist be paid a cancellation fee if the commission is cancelled? Note: If the commission is cancelled by the client, 25% of the agreed fee is usually payable if cancellation takes place before the delivery of roughs, 33% if cancellation takes place at the roughs stage and 100% if cancellation takes place on delivery. On cancellation the ownership of all rights should revert to the artist.
- Who will be responsible if the products the licensee is making and selling are poorly made and/or injure someone? The licensee is expected to accept liability for any defects and to take out product liability insurance.
